Damages
Tags: compensation, damage, onrechtmatige daad, schade, schadevergoeding, unlawful act.
Damage compensation is the performance that a party must perform to compensate for the damage to the other party. The obligation to pay damages arises from liability. In principle, the obligation to pay compensation can arise from all events involving damage and which damage is actually someone else’s fault. The most common events are tort and breach of contract.
What Damage should be Compensated?
Compensation for damages can be claimed for financial loss and damage that the law specifically states are eligible for compensation. Forms of financial loss include loss suffered, loss of profit, costs incurred in determining the damage and collection costs. In principle, the entire damage must be compensated. However, an exception is made when the damage is (in part) the “own fault” of the injured party. The parties then bear the damage in proportion to their debt.
Compensation for Damages on the Internet and ICT Matters
Compensation for Damages on the Internet and ICT Matters can, of course, result from the non – fulfilment of a contract (default). You can think of failed automation. Compensation for damages also comes from the internet and ICT law. Think, for example, of an online copyright violation or defamation and slander on social media.
Does your company or organization think that you have a claim for compensation against someone or is someone claiming compensation from you? Call or email Wouter Dammers from LAWFOX to get an initial estimate of the situation.
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